Patent Drafting

To serve the goal of protecting the claimed invention in practice, the patent should be “strong”. A strong patent not only meets the patentability criteria and is able to sustain invalidation attacks; it should be broad enough to be successfully enforced against eventual infringements.

Strong patents form the cornerstone of a successful innovative company’s intellectual property assets.

Sojuzpatent’s attorneys have vast experience in drafting strong patents ab initio and are able to meet a client’s demands in any technical field, including aeronautical engineering, aerospace engineering, agriculture, automotive, biotechnology, cleantech, construction, defense, electronics, food, genetic engineering, immunology, IT/Software, materials, manufacturing, mechanical/engineering, medical devices, nanotechnology, the oil & gas industry, optical technologies, pharmaceuticals, semiconductors, and telecommunications.

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FAQs

Is it mandatory to request a substantive examination in Georgia and what is the deadline for filing the request?

Under Georgian patent regulation, it is mandatory to request a substantive examination. As soon as the formal examination is completed, the applicant receives a notification. The request for a substantive examination should be filed within two months after receiving the notification.

Is it true that the examination request should be filed with the Eurasian patent office on the date the application is filed?

Is it true that the examination request should be filed with the Eurasian patent office on the date the application is filed?


This requirement (to file the request for substantive examination within the same time limit as the application) only applies to PCT Eurasian regional phase applications. For other types of applications, the examination request should be filed within 6 months of the date of publication of the patent application.


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Can inequitable conduct be a valid defense argument in a patent infringement case in Russia?

Can inequitable conduct be a valid defense argument in a patent infringement case in Russia?


Patent infringement litigation and invalidation proceedings in Russia are totally bifurcated and therefore, if an infringement action is initiated, invalidity arguments are not considered in the proceedings and cannot be asserted as a defense in patent infringement cases.

Moreover, currently the courts do not normally suspend infringement litigation if an invalidation action is filed with the RUPTO after the infringement suit has been brought.

As to invalidation proceedings, there is no such grounds for invalidity as inequitable conduct. The applicant does not face any repercussions in terms of patent validity for not disclosing any information known to them that would contradict patentability of the invention.


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What is the time limit for entering the national phase in Russia and neighboring countries?

What is the time limit for entering the national phase in Russia and neighboring  countries?


The time limit for entering the national phase in Russia is 31 months from the priority date (the earliest priority date if several priorities are claimed), and, if no priority is claimed, 31 months from the filing date of the international application.

The time limit for other post-Soviet countries are as follows:

Country

Time limit in months

As designated office

As elected office

Armenia,

31

31

Azerbaijan

30

31

Belarus

31

31

Estonia

31

31

Georgia

31

31

Kazakhstan

31

31

Kyrgyzstan

31

31

Latvia

There is no national phase, the application should enter the regional phase before EPO

Lithuania

There is no national phase, the application should enter the regional phase before EPO

Moldova

31

31

Tajikistan

30

31

Turkmenistan

30

31

Ukraine

31

31

Uzbekistan

31

31


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Can the applicant file voluntary amendments during the processing of a Russian invention patent application?

Can the applicant file voluntary amendments during the processing of a Russian invention patent application?


It goes without saying that an applicant can file amendments to the application in response to an office action. In addition, he or she has an opportunity to file voluntary amendments (irrespective of received office actions) once, at any time after receiving the search report.


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